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Ohio Statutes, Title 27

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Title 27, Title 27. Courts-General Provisions-Special Remedies

28 chapters · 552 sections in this title.

All chapters in Title 27552 Ch 2712, Chapter 2712 | International Commerc…91 Ch 2715, Chapter 2715 | Attachment58 Ch 2743, Chapter 2743 | Court Of Claims55 Ch 2733, Chapter 2733 | Quo Warranto40 Ch 2713, Chapter 2713 | Arrest And Bail29 Ch 2725, Chapter 2725 | Habeas Corpus27 Ch 2729, Chapter 2729 | Lost And Destroyed Re…21 Ch 2711, Chapter 2711 | Arbitration20 Ch 2737, Chapter 2737 | Replevin20 Ch 2701, Chapter 2701 | Courts Of Record - Ge…17 Ch 2721, Chapter 2721 | Declaratory Judgments17 Ch 2717, Chapter 2717 | Change Of Name16 Ch 2731, Chapter 2731 | Mandamus16 Ch 2716, Chapter 2716 | Garnishment15

552 sections·Filtered byTitle 27✕

Ohio Rev. Code Ann. § 2721.13 Liberal construction of chapter
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The provisions of this chapter are remedial and shall be liberally construed and administered.
Ohio Rev. Code Ann. § 2721.14 Interpretation
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The provisions of this chapter shall be so interpreted and construed as to effectuate their general purpose to make the law of this state uniform with the law of those states that enact similar provisions and to harmonize, insofar as possible, with federal laws and regulations on…
Ohio Rev. Code Ann. § 2721.15 Independent sections
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With the exception of sections 2721.02 and 2721.03 of the Revised Code, the provisions of this chapter are independent and severable, and the invalidity of any part of those provisions does not affect or render the remainder of those provisions invalid or inoperative.
Ohio Rev. Code Ann. § 2721.16 Award of attorney's fees
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(A)(1) A court of record shall not award attorney's fees to any party on a claim or proceeding for declaratory relief under this chapter unless any of the following applies:(a) A section of the Revised Code explicitly authorizes a court of record to award attorney's fees on a cla…

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Ohio Rev. Code Ann. § 2721.21 Action for registry listing where childhood sexual abuse action barred

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(A) As used in this section:(1) "Defendant" means a person against whom an individual believes that, but for the expiration of the limitation period for the cause of action under section 2305.111 of the Revised Code, the individual would have a cause of action for assault or batt…

Ohio Rev. Code Ann. § 2723.01 Jurisdiction of courts of common pleas

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Courts of common pleas may enjoin the illegal levy or collection of taxes and assessments and entertain actions to recover them when collected, without regard to the amount thereof, but no recovery shall be had unless the action is brought within one year after the taxes or asses…

Ohio Rev. Code Ann. § 2723.02 Parties to actions to enjoin levy

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Actions to enjoin the illegal levy of taxes and assessments must be brought against the corporation or person for whose use and benefit the levy is made. If the levy would go upon the county duplicate, the county auditor must be joined in the action.

Ohio Rev. Code Ann. § 2723.03 Parties to actions to enjoin collection of taxes or to recover taxes

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Actions to enjoin the collection of taxes and assessments must be brought against the officer whose duty it is to collect them. Actions to recover taxes and assessments must be brought against the officer who made the collection, or if he is dead, against his personal representat…

Ohio Rev. Code Ann. § 2723.04 Amount admitted must be tendered - bond

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If the plaintiff in an action to enjoin the collection of taxes or assessments admits that a part thereof was legally levied, he first must pay or tender the sum admitted to be due. When an injunction is allowed, bond must be given as in other cases. The injunction shall be a jus…

Ohio Rev. Code Ann. § 2723.05 Refunding an illegal tax or assessment

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If, by judgment or final order of any court of competent jurisdiction in this state, in an action not pending on appeal, it is determined that any tax or assessment or part thereof was illegal and such judgment or order is not made in time to prevent the collection or payment of …

Ohio Rev. Code Ann. § 2725.01 Persons entitled to writ of habeas corpus

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Whoever is unlawfully restrained of his liberty, or entitled to the custody of another, of which custody such person is unlawfully deprived, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment, restraint, or deprivation.

Ohio Rev. Code Ann. § 2725.02 Courts authorized to grant writ

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The writ of habeas corpus may be granted by the supreme court, court of appeals, court of common pleas, probate court, or by a judge of any such court.

Ohio Rev. Code Ann. § 2725.03 Jurisdiction for production or discharge of inmate of institution

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If a person restrained of his liberty is an inmate of a state benevolent or correctional institution, the location of which is fixed by statute and at the time is in the custody of the officers of the institution, no court or judge other than the courts or judges of the county in…

Ohio Rev. Code Ann. § 2725.04 Application for writ

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Application for the writ of habeas corpus shall be by petition, signed and verified either by the party for whose relief it is intended, or by some person for him, and shall specify:(A) That the person in whose behalf the application is made is imprisoned, or restrained of his li…

Ohio Rev. Code Ann. § 2725.05 Writ not allowed

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If it appears that a person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court or magistrate, or by virtue of the judgment or order of a court of record, and that the court or magistrate had jurisdiction to issue the process, r…

Ohio Rev. Code Ann. § 2725.06 Writ must be granted

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When a petition for a writ of habeas corpus is presented, if it appears that the writ ought to issue, a court or judge authorized to grant the writ must grant it forthwith.

Ohio Rev. Code Ann. § 2725.07 Clerk shall issue writ

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When a writ of habeas corpus is granted, the clerk of the court which granted the writ shall forthwith issue said writ under the seal of such court. In case of emergency, the judge who allowed the writ may issue it under his own hand, and depute any officer or other person to ser…

Ohio Rev. Code Ann. § 2725.08 Designation of prisoner

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The person to be produced upon a writ of habeas corpus shall be designated by his name, if known, and if his name is not known, or is uncertain, such person may be described in any other way so as to make known who is intended.

Ohio Rev. Code Ann. § 2725.09 Requisites of writ

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In case of confinement, imprisonment, or detention of a person by an officer, a writ of habeas corpus shall be directed to him, and command him to have such person before the court or judge designated in the writ, at a time and place therein specified.

Ohio Rev. Code Ann. § 2725.10 Form of writ when prisoner not in custody of an officer

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In case of confinement, imprisonment, or detention by a person not an officer, the writ of habeas corpus shall be in the following form:The State of Ohio,___________________County, ss.:To the sheriff of our several counties, greeting:We command you that the body of ______________…

Ohio Rev. Code Ann. § 2725.11 Service of writ

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The writ of habeas corpus may be served in any county by the sheriff of that or any other county or by a person deputed by the court or judge issuing the writ.

Ohio Rev. Code Ann. § 2725.12 Execution and return of writ

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The officer or person to whom a writ of habeas corpus is directed shall convey the person imprisoned or detained, and named in the writ, before the judge granting the writ, or, in case of his absence or disability, before some other judge of the same court, on the day specified i…

Ohio Rev. Code Ann. § 2725.13 Return of writ to another judge

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When a writ of habeas corpus is issued by a court in session, if the court has adjourned when the writ is returned, it shall be returned before any judge of the same court. When the writ is returned before one judge, at a time when the court is in session, he may adjourn the case…

Ohio Rev. Code Ann. § 2725.14 Contents of the return

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When the person to be produced under a writ of habeas corpus is imprisoned or restrained by an officer, the person who makes the return shall state therein, and in other cases the person in whose custody the prisoner is found shall state, in writing, to the court or judge before …

Ohio Rev. Code Ann. § 2725.15 Return must be signed and sworn to

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The return or statement referred to in section 2725.14 of the Revised Code shall be signed by the person who makes it, and shall be sworn to by him, unless he is a sworn public officer and makes the return in his official capacity.

Ohio Rev. Code Ann. § 2725.16 Continuance of cause

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The court or judge to whom a writ of habeas corpus is returned, or the court into which it is adjourned, for good cause shown, may continue the cause, and, in that event, shall make such order for the safekeeping of the person imprisoned or detained as the nature of the case requ…

Ohio Rev. Code Ann. § 2725.17 Discharge of prisoner

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When the judge has examined the cause of caption and detention of a person brought before him as provided in section 2725.12 of the Revised Code, and is satisfied that such person is unlawfully imprisoned or detained, he shall forthwith discharge such person from confinement. On …

Ohio Rev. Code Ann. § 2725.18 Prisoner may be committed or let to bail

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When the person brought before a judge under section 2725.12 of the Revised Code is confined or detained in a legal manner on a charge of having committed a crime or offense which is bailable, the judge may recommit him or let him to bail. If such person is let to bail, the judge…

Ohio Rev. Code Ann. § 2725.19 Mandatory commitment for capital offense

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If a prisoner brougt before a judge under section 2725.12 of the Revised Code was committed by a judge, and is plainly and specifically charged in the warrant of commitment with a felony the punishment for which is capital, he shall not be removed, discharged, or let to bail.

Ohio Rev. Code Ann. § 2725.20 Return as evidence or plea

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If a prisoner brought before a judge under section 2725.12 of the Revised Code is in custody under a warrant or commitment in pursuance of law, the return of the writ of habeas corpus is prima-facie evidence of the cause of detention. If such prisoner is restrained of his liberty…

Ohio Rev. Code Ann. § 2725.21 Forfeiture by clerk for refusal to issue writ

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A clerk of a court who refuses to issue a writ of habeas corpus, after an allowance of such writ and a demand therefor, shall forfeit to the party aggrieved the sum of five hundred dollars.

Ohio Rev. Code Ann. § 2725.22 Failure to obey writ

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No person to whom a writ of habeas corpus is directed shall neglect or refuse to obey or make return of it according to the command thereof, or make a false return, or upon demand made by the prisoner, or by any person on his behalf, refuse to deliver to the person demanding, wit…

Ohio Rev. Code Ann. § 2725.23 Persons at large upon writ not to be again imprisoned

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A person who is set at large upon a writ of habeas corpus shall not be imprisoned again for the same offense, unless by the legal order or process of the court in which he is bound by recognizance to appear, or other court having jurisdiction of the cause or offense.No person sha…

Ohio Rev. Code Ann. § 2725.24 Prisoner shall not be removed from custody of one officer to another

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A person committed to prison, or in the custody of an officer for a criminal matter, shall not be removed therefrom into the custody of another officer, unless by legal process, or unless the prisoner is delivered to an inferior officer to be taken to jail, or, by order of the pr…

Ohio Rev. Code Ann. § 2725.26 Record of writs

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The proceedings upon a writ of habeas corpus must be recorded by the clerk of the court in which such proceedings were had, and may be reviewed on appeal as in other cases.

Ohio Rev. Code Ann. § 2725.27 Recovery of forfeitures - limitations

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The forfeitures mentioned in sections 2725.21 to 2725.24 of the Revised Code may be recovered by the party aggrieved or the executors or administrators of the party aggrieved against the offender or the offender's executors or administrators by civil action in a court having cogn…

Ohio Rev. Code Ann. § 2725.28 Fees and costs

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The fees of officers and witnesses shall be taxed by the judge, on return of the proceedings on a writ of habeas corpus, and collected as a part of the original costs in the case. When the prisoner is discharged, the costs shall be taxed to the state, and paid out of the county t…

Ohio Rev. Code Ann. § 2727.02 Causes for an injunction

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A temporary order may be granted restraining an act when it appears by the petition that the plaintiff is entitled to the relief demanded, and such relief, or any part of it, consists in restraining the commission or continuance of such act, the commission or continuance of which…

Ohio Rev. Code Ann. § 2727.03 Courts authorized to grant injunctions

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At the beginning of an action, or any time before judgment, an injunction may be granted by the supreme court or a judge thereof, the court of appeals or a judge thereof in his district, the court of common pleas or a judge thereof in his county, or the probate court, in causes p…

Ohio Rev. Code Ann. § 2727.05 Injunction may be granted in cases of appeal

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When an injunction has been allowed and during the pendency of the action in the court of common pleas has been vacated, either by a judge thereof in vacation or by the court previous to the trial of the action, and after such trial an appeal is taken from the judgment or final o…

Ohio Rev. Code Ann. § 2727.11 Enforcing an injunction or restraining order

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An injunction or restraining order granted by a judge may be enforced as the act of the court, and disobedience thereof may be punished by the court, or by a judge who granted it in vacation, as a contempt.

Ohio Rev. Code Ann. § 2727.12 Procedure if injunction or restraining order is disobeyed

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Upon being satisfied, by affidavit, of the breach of an injunction or restraining order, the court or judge who issued such injunction or order may issue an attachment against the guilty party who shall pay a fine of not more than two hundred dollars, for the use of the county, m…

Ohio Rev. Code Ann. § 2729.01 Restoration of probate court records

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When the records, dockets, journals, and files, or any part thereof, of any probate court have been lost or destroyed by fire, riot, or civil commotion, the probate court of its own motion, or upon the application of any party interested therein, may order the restoration of the …

Ohio Rev. Code Ann. § 2729.02 Commissioner to take testimony - rules

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To enable the probate court to make restoration of lost or destroyed records as provided in section 2729.01 of the Revised Code, the probate judge may make such rules and regulations governing the proceedings for taking testimony and ascertaining the facts with reference to their…

Ohio Rev. Code Ann. § 2729.03 Salary and term of commissioner

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A commissioner appointed as provided in section 2729.02 of the Revised Code shall be paid a salary of twenty-five hundred dollars per annum and hold office for one year from the day of appointment.

Ohio Rev. Code Ann. § 2729.04 Restoration costs

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The costs of restoring the records of the probate court shall be paid out of the county treasury upon the order of the probate judge.

Ohio Rev. Code Ann. § 2729.05 Deed is prima-facie evidence of record of sale by order of court

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When real estate has been sold by a sheriff, executor, administrator, guardian, assignee, receiver, trustee, master commissioner, special master, or other person appointed or authorized by the court, and the record of the action in which such sale was made, or the papers or accou…

Ohio Rev. Code Ann. § 2729.06 County auditor's deed

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The deeds made by the county auditor of lands sold at delinquent or forfeited tax sales are not prima-facie evidence of title in the purchaser of such lands, nor is there any presumption in favor of such tax deeds or sales when the records of the sale and the proceedings upon whi…

Ohio Rev. Code Ann. § 2729.07 Restoration of will or title to real estate

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When the record of a deed or other instrument conveying title to real estate, authorized or required to be recorded, or a will and the probate thereof, is lost or destroyed by fire, riot, or civil commotion, and the original of such deed or other instrument, or will and the proba…

Ohio Rev. Code Ann. § 2729.08 Costs of proceedings

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The costs of the proceedings mentioned in section 2729.07 of the Revised Code shall be the same as are provided by law for like services in civil cases, and shall be paid out of the county treasury on the order of the court.